The issue in this case is whether the Certificate of Need (CON) application No. 9757 filed by Select Specialty Hospital - Marion, Inc. (Select) for the establishment of a 44-bed free standing Long-Term Care Hospital (LTCH) in Agency for Health Care Administration (Agency or AHCA) Service District 6, in Polk County, should be approved.Petitioner did not prove that its application for a 44-bed Long-Term Care Hospital met, on balance, the applicable statutory and rule criteria.
The issue in this case is whether the Certificate of Need (CON) application filed by Tarpon Springs Hospital Foundation, Inc., d/b/a Helen Ellis Memorial Hospital in January 2003, to establish an adult open heart surgery (OHS) program in Agency for Health Care Administration (the Agency or AHCA) Service District 5 should be approved.Petitioner did not prove that its CON application should be approved based on "not normal" circumstances and on a balanced consideration of the applicable statute and rule criteria.
Petitioner failed to establish by preponderant or clear and convincing evidence that even though nursing deficiencies may have occurred, they did not cause nor were they likely to cause harm or death.
Whether Respondent skilled nursing facility is guilty of the deficiencies cited in the Agency for Health Care Administration's (AHCA's) October 20-24, 2003, survey for (a) failing to provide proper daily tracheostomy care for two identified patients; (b) failing to have emergency tracheostomy equipment available; and (c) failing to have properly trained staff available to use the emergency equipment. See 42 CFR § 483.25(k); Whether AHCA properly assigned a conditional licensure status to Respondent until such time as the deficiencies were found to be corrected. See § 400.23(7), Fla. Stat.; Whether AHCA properly imposed an administrative fine of $15,000.00, based on its finding that the deficiencies were "widespread, Class I" deficiencies. See § 400.23(8)(c), Fla. Stat.; and Whether AHCA properly imposed a six-month cycle survey fee of $6,000.00. See § 400.19(3), Fla. Stat.A Class I, immediate jeopardy, widespread deficiency was proven with regard to tracheotomy care in Respondent. Petitioner`s policy of determining the scope (widespread factor) of the deficiency based upon special needs services was not contested.
